Jury has choice of convicting either or both parents in child abuse case

The jury has found Joshua Cochrane and Amy Funt each guilty of endangering the welfare of a child, but not guilty of aggravated and simple assault.

Thursday's story

With no real incriminating evidence beyond broken bones, a York County jury has been asked to determine which parent — Amy Funt or Joshua Cochran or both — inflicted the injuries on 2-month-old Cassidy Cochran in 2012.

Funt and Cochran are on trial in the York County Judicial Center for allegedly injuring their daughter.

When treated at a hospital in Waterloo, Iowa, where the family had moved days before, Cassidy was found to have 13 rib fractures and broken bones in both legs.

Deputy prosecutor Diana Spurlin conceded during closing arguments that a yearlong Pennsylvania State Police investigation could not produce an eyewitness who could say either parent treated their baby girl with anything approaching abuse.

Before giving closings to the jury, both defense attorneys — First Assistant Public Defender Clasina Houtman and Korey Leslie — moved for a judgment of acquittal from Judge Gregory M. Snyder on the aggravated assault charges.

Funt, 29, and Cochran, 30, also are charged with simple assault and endangering the welfare of a child.

Houtman and Leslie argued the child did not suffer serious bodily injury as defined by law and that the prosecution did not produce any evidence that either parent attempted to inflict such injury.

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Snyder declined the motion, explaining trial testimony established the baby always was in the care of one or both parents and that, from circumstantial evidence, the jury could find one or both "guilty as charged" of aggravated assault.

In her closing argument, Houtman said, "The commonwealth has failed to provide you any evidence as to who inflicted these injuries."

Houtman questioned medical experts' estimated opinion of when the injuries occurred. But she also pointed out the time frame fit in with when Funt returned to work after childbirth and Cochran had sole care of the child in the evenings.

In turn, Leslie suggested it may have been Funt who grew frustrated with the infant after too much lack of sleep from working nights.

Spurlin ended her closing by telling the jurors if they believed one of the parents absolutely did not inflict the injuries, it made it that much easier for them to convict the other one.

Houtman objected to the statement but was overruled by Snyder.

The jurors, who could not reach a verdict in 2 1/2 hours of deliberation on Thursday, were instructed to return today at 8:45 a.m. to resume their task.

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